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What can I do if my partner isn't following our separation agreement?

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What can I do if my partner isn't following our separation agreement?

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What can I do if my partner isn't following our separation agreement?
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Reviewed: 
March 1, 2021
Answer

As of March 1, 2021, the term custody has changed to decision-making responsibility. And in most situations, the term access has changed to parenting time. Now, all parents usually have parenting time.

Also, a person who isn't a parent or step-parent may get a contact order to spend time with a child. For example a grandparent can get this order.

You may have a separation agreement but your partner isn't following it any more. For example:

  • You have the right to spend time with your child but your partner won't allow it.
  • Your partner is not paying child support.
  • Your partner is not paying spousal support.

It can be difficult to get along with your partner. Small issues can build up and make you want to change your separation agreement. Think carefully about what issues you want to take to court.

For example, it's best not to go to court for things like who has to wash your child's clothes after they spent time with your partner or because your partner isn't always on time. Try to find another way to resolve these issues that can save you time and money.

You should first see what your separation agreement says you have to do if one of you doesn't follow it. For example, it might say that you have to try mediation to work out your issues before going to court. Even if your separation agreement doesn't say this, you may want to get help from a family law professional.

Usually, agreements about support can be enforced by the Family Responsibility Office. Or, you can go to court.

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